건축허가처분등 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On April 30, 2018, B filed an application with the Defendant for a building permit to raise a lawsuit on the ground of Gangwon-gun C (hereinafter “instant application site”) and the Defendant issued a disposition that permitted the instant disposition on May 31, 2018 (hereinafter “instant disposition”).
B. The filing date of the instant application is approximately 115 meters away from the residential densely located area, and the Plaintiff is a person who completed the move-in report to Gangwon-gun D, the neighboring area of the instant application.
C. The part related to the instant disposition in the Ordinance on Restriction, etc. of Livestock Raising of Masung-gun (hereinafter “instant Ordinance”) is as follows. Article 3 of the Ordinance on Restriction, etc. of Livestock Raising of Masung-gun (Designation, etc. of Areas subject to Restriction of Livestock Raising) (1) of the Ordinance on Restriction, etc. of Livestock Raising shall be classified into the entire and partial
[Attachment] The scope of restriction on livestock raising within the area subject to restriction on livestock breeding as classified by the area subject to restriction on livestock breeding (Article 3), medical institutions, sports facilities, senior citizen long-term care institutions, youth activity facilities, at least 250 m250 m250 m250 m250 m250 m250 m250 m250 m250 m250 m20 m250 m20 m250 m25 m2
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) Act on the Management and Use of Livestock Excreta (hereinafter “the Livestock Excreta Act”).
Article 8(1)1 of the instant Ordinance, Article 3 of the instant Ordinance, and attached Table provide that a person may raise less than 250 m (250 m) in the area from 100m to 250m (hereinafter “instant Ordinance”).
(2) The instant ordinances are unlawful. Therefore, the instant dispositions based on the instant ordinances should be revoked as it is unlawful. (2) The instant dispositions are illegal dispositions that do not constitute a balancing of interests.